Terms & Conditions
Please read our Terms and Conditions (“the Terms”) carefully before booking a class. Pilates sessions are supplied by Agile Pilates (registered office is at Finsgate 5-7, Cranwood Street, London EC1V 9EE; registered company number 9717364 subject to the following express Terms.
AGILE PILATES TERMS AND CONDITIONS
In these Terms, "we"/"us"/"our" means Agile Pilates , and "you"/"your"/"yours" means you, the customer. These Terms together with our booking confirmation (which may be oral or written) constitute the contract ("the Contract") between us for the supply of services to you. The Contract shall not be varied in any way whatsoever unless agreed in advance in writing between the parties.
DATA PROTECTION NOTICE
We, Agile Pilates, will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our records, to process your payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with the Agile Pilates services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting firstname.lastname@example.org. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.
- All services purchased from Agile Pilates must be preceded by you acknowledging, by way of completing and signing registration and medical forms, that you have no physical limitations preventing you from participation in our sessions. You will also thereby agree to abide by the rules and regulations of the studio and acknowledge that these rules and regulations may change from time to time. Furthermore, you will release Agile Pilates, its owners, directors, managers and all employees of all liability regarding 1) any injury to self or child 2) any loss or damage to personal property.
- You will also be asked to sign a disclaimer acknowledging that you understand that sessions may be physically strenuous and that you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. You will also agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Agile Pilates for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
- You must be over the age of eighteen, and proof of age, if requested, must be provided upon demand, to register with us.
FITNESS AND HEALTH
- By agreeing to these Terms and Conditions you hereby confirm that you have no health problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect your participation in sessions at the studio.
- It is your responsibility to check with your GP about your suitability for our sessions and to obtain written consent where necessary. You are advised not to undertake strenuous physical activity without first seeking medical advice if you have concerns over your physical condition and well-being.
- While we take every care to ensure safe practice, there are inherent risks in any exercise programme and we accept no liability whatsoever for any injury or illness you incur through participation in our sessions (except as a result of our negligence) or by your failure to notify us of any existing health problems or special needs.
- You should notify us before attending any session of any circumstances affecting your health which may be exacerbated through continued sessions and/or which may have arisen or worsened since your last session at the studio (if any).
- We reserve the right to refuse access to any customer if we consider that the health of the individual concerned may be adversely affected through participation in our sessions.
CUSTOMERS WITH SPECIAL NEEDS
If you have special needs, we request that you discuss them with us before you make a booking online. Please contact us at least 48 hours in advance of the date and time of the first session you wish to attend.
BOOKING AND PAYMENT
- Sessions may be booked online, by phone or in person at the studio. All sessions are paid for in advance. It is your responsibility to ensure that you have made your booking and payment correctly. Please note details of each session's date/time in the Pilates by Agi session booklet that you will receive on your first visit to us.
- Our online booking facility shows the availability and price of sessions for the date and time you wish to select. This page has submit, clear and cancel options. Once you have selected a session and clicked submit, you will be directed to a page where you will be able to pay using a credit/debit card. Before proceeding to this page you will be asked to accept the following statement: "By clicking the 'Accept' button you agree to Agile Pilates' terms and conditions. By completing and submitting the following order you are making an offer to purchase services which, if accepted by us, will result in a binding contract." At the payment page you will be asked for your credit/debit card details, followed by the statement: "Your card will be debited with the sum of £X when you click the submit button. This will be refunded if your offer is refused." At this stage you will again have the option to submit, clear or cancel. By clicking submit, you will be directed to an acknowledgement page and receive an acknowledgement email confirming your booking and that payment has been processed [Note: Not for inclusion in T & C text, but the customer here should be given the option of a "continue" button to acknowledge our confirmation. Clicking the continue button takes the customer back to the home page.]
- By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old and can provide proof of age upon request;
- You are resident within the European Economic Area (EEA).
- You are accessing our site from within the EEA.
- We use Secure Socket Layer (SSL) encryption to provide a high level of confidence when you make an online payment. A padlock icon will appear in your browser while you make a payment indicating that encryption is active. Our site also features a TrustLogo site seal.
- We accept all major debit/credit cards. In the event of non-authorisation of payment by your card issuer you will receive an on-screen notification and your order will not be processed. We cannot accept liability for any losses or costs incurred or sustained by customers who transmit credit or debit card information. By completing the process for an on-line payment you are confirming that the credit/debit card being used for the transaction is yours.
- When you book and pay by phone, you will receive details of the transaction code used to authorise payment. Booking and payment by credit/debit card or cheque may also be made in person at the studio where you will receive a receipt for payment made. 4.6. You may change the date and time of your booking at any time up to 24 hours before your session is due. This may be done either by phone, email or by using the online facility to reschedule a session. If there are less than 24 hours remaining before the session is due, you will need to book a new date/ time and you will not receive a refund for the session previously booked. Similarly, you may cancel a session at any time up to 24 hours before it is due and you will be credited or refunded its cost.
- In the event that we have to reschedule or cancel a session, we will inform you 24 hours in advance when you will be offered the opportunity to choose a new date/ time or the option of receiving a full refund. Where we are unable to inform you 24 hours in advance we will offer you a complimentary session in addition to a refund for the cancelled session.
- From time to time special offers and/or promotions coinciding with holiday periods may be offered, subject to our discretion and sufficient notice. Discounts will be offered for bulk purchase of 5, 10, and 20 sessions. There will be a discount for a bulk purchase of 5, 10 , 15 and 20 NOT a complimentary session
ARRIVING ON TIME
Please ensure you arrive on time. We require that you arrive at least ten minutes before the session start time. If you arrive late the session will not be extended and will end at the scheduled time. Subject to our discretion, if you are frequently late we may treat a booking as a late cancellation and you will not be credited or refunded the cost of the session.
SAFETY AND HYGIENE
- In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water, either in a plastic bottle or paper cup, is permitted in the studio. Please note a water dispenser is available in the changing room.
- You are requested to wear a form of dress appropriate to Pilates sessions . Footwear should be removed on entry to the premises and left on the racks provided. Clothing should be close fitting rather than baggy so that the instructor may assess that movement routines are carried out in the correct manner. Items of clothing with rear zips at the back should be avoided as these may cause you discomfort or damage equipment. Similarly, loosely swinging or sharp jewelry should be removed before a session. Footwear should be removed on entry to the premises and left on the rack provided. Socks may be worn but not essesntial.
- Fire exits, which are clearly marked, are there in the interests of safety and you must not obstruct these exits for any reason. In the event of a fire, you should make you way to the nearest available exit with all possible speed and assemble at a safe distance from the property so that we may take a roll-call of all those in the studio at the time the fire alarm sounded. The assembly point is in from of the studio.
- Smoking is forbidden in the studio.
Personal belongings are brought into the studio at your own risk and we do not accept liability for any loss or damage whatever to such items. For security reasons you are advised to take personal belongings and valuables into the session room itself. We are not responsible for the safekeeping of personal belongings while you attend a session.
Mobile phones should be switched to silent mode during a session.
- You are required to give written notice to Agile Pilates of any change of address. Failing such notice, all communications shall be assumed to have been received by you within five days of mailing to the last address notified to us.
- We reserve the right to refuse admission to the studio.
- A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Registration Form or use any of the facilities provided by us.
- We may, if you so wish, communicate with you by electronic mail ("email"). By providing us with an email address you consent to receiving email communications from Agile Pilates, including notices pursuant to the Terms and Conditions. You will also accept any risk that email may not be a fully secure and confidential means of communication. We will not be liable for any loss or damage suffered as a result of communicating with you in this manner.
USE OF FACILITIES
We may at any time without notice withdraw all or part of the studio's facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of Agile Pilates.
LIMITATION OF LIABILITY
- Agile Pilates cannot be held responsible for any particular session, instructor and/or item of Pilates equipment not being available for whatever reason. We reserve the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided for your use, without notice and in our absolute discretion and we will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
- It is your responsibility to ensure that you are capable of undergoing a routine of exercises provided by any programme which you follow or session which you attend. You accept the risk of injury from performing exercises and using specialist equipment and are advised to consult your GP prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
- Agile Pilates accepts no liability for loss or damage to your property or for injury to you on the studio premises or outside the studio except insofar as such loss, damage or injury is by law incapable of exclusion.
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), computer viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms together with our order confirmation constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between the parties hereto and touching and concerning their subject matter.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
CHANGES TO TERMS AND CONDITIONS
Pilates by Agi reserves the right to make changes to these terms and conditions without prior notice.